The Standard Theory Of Plaintiff Qualification In Administrative Litigation

Urban and rural planning,as a kind of administrative means to allocate social resources,strengthens the management of society through changes in the use of land and living space in urban and rural areas.But the making and implementation of urban and rural planning tend to have larger influence on the interests of its stakeholders,so along with the accelerating process of our urban construction over the years,filed by an interested party of urban and rural planning administrative litigation cases showed a trend of growing in number.But not all interested parties can be accepted and entered into the entity trial stage,and how to define the acceptance criteria,which involves the question of the qualification of the plaintiff.The necessary element of the plaintiff qualification as a lawsuit relates to whether the interested people can start the judicial process to maintain their own rights and interests,build in many countries,including China,one of the focus in the study of the lawsuit system.And gauge method between urban and rural areas in the relevant legal norms while giving the right stakeholder participation rights and remedies,but its provisions are too abstract and general,lacks the feasibility of the operation,so you can’t meet the needs of the practice very well.This article through to the interested party of urban and rural planning to study the related basic theory,on the basis of the existing legislation and regulations,combined with specific case trial experience,analysis of China’s urban and rural planning stakeholders there are defects in the qualification cognizance of the plaintiff and the insufficiency,and through the analysis of relevant outside the plaintiff qualification experience and draw lessons from,interested party proposed consummates our country urban and rural planning advice of the plaintiffs qualification.Apart from the introduction,this paper has four parts:The first chapter through the simple overview of the theory of the German public law rights,and to clarify the basic content of the stakes.On the basis of this,this paper defines the stakeholders of urban and rural planning,and analyzes the particularity of the identity of the interested parties in the field of urban and rural planning.In the second chapter,the author sorts out the claimant qualification system of the interested parties of the urban and rural planning of countries outside the region,and summarizes the commonalities of each country in the system construction experience,so as to give enlightenment to the perfection of the plaintiff qualification system of the urban-rural planning in China.The third chapter summarizes the status quo of the plaintiff qualification of the interested parties in urban and rural planning in China from two aspects of the legislative status quo and the status quo of the judicature,and summarizes the situation that the interested parties have the plaintiffs qualification in the legislation and the actual situation in the judicial practice.Through the summarization of the above situation,the author analyzes the problems and shortcomings of the plaintiff qualification in the determination of the interested parties in urban and rural planning.Chapter iv is the construction of the system for the qualification of the plaintiff in our country’s urban and rural planning.The forth chapter mainly analyzes and discusses the reconfiguration of the plaintiffs qualification standard of the plaintiff,the guidance function of the case and the court’s judicial discretion and the right to enlarge the scope of the case,so as to provide better judicial guarantee for the interested people in the planning of urban and rural planning in our country.